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Términos y Condiciones


NOTICE CONCERNING CARRIER’S LIMITATION OF LIABILITY



If the carriage
involves an ultimate
destination or stop in a country other
than the country
of departure, the Montreal Convention or the Warsaw Convention
may
be applicable to the liability
of the
Carrier in respect of
loss of, damage or delay to
cargo. Carrier's limitation of liability
in
accordance with those Conventions shall be as set forth in
subparagraph
4 unless a higher value is declared.


CONDITIONS OF CONTRACT



1. In this contract and the Notices appening heron:

CARRIER includes the air carrier issuing this air waybill and all carrier that carry or undertake tocarry the cargo or perform any other services  related to such carriage. SPECIAL DRAWING RIGHT (SDR) is a Special Drawing
Right as defined
by the International Monetary Fund. WARSAW CONVENTION means whichever of the following instruments is applicable to the contract of
carriage:
the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw,
12 October 1929; that
Convention
as amended at The
Hague on 28 September 1955; that Convention as amended at The Hague 1955 and by Montreal
Protocol No. 1, 2, or (1975) as the case may be. MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28
May 1999.




1./2.1 Carriage is subject to
the rules
relating to
liability established
by the
Warsaw Convention
or the Montreal Convention unless
such carriage
is not
“international
carriage”
as defined by the applicable Conventions.




2. To the extent not in conflict
with the foregoing, carriage and other



related services performed by each Carrier are subject to:



1.       
applicable laws and government regulations;



2.         
provisions contained in the air waybill, Carrier’s conditions of



carriage and related rules, regulations, and timetables (but not the times of departure and arrival
stated
therein) and applicable tariffs
of such
Carrier,
which
are made part hereof,
and which may be inspected at any airports
or other cargo sales offices from which it
operates
regular
services. When
carriage is to/from the USA, the shipper
and the consignee are entitled, upon request,
to receive a free copy of the Carrier’s conditions of carriage. The Carrier’s conditions of carriage include,
but
are not limited to:



1.           
limits on the Carrier’s
liability
for loss, damage or delay of goods,
including fragile or perishable goods;



2.           
claims restrictions, including time periods within which shippers or consignees must file a claim or bring an action against the Carrier for its acts or
omissions, or those of its agents;



3.           
rights, if any, of the Carrier to change the terms of the contract;



4.           
rules about Carrier’s right to refuse to carry;



5.           
rights of the Carrier and limitations concerning delay or
failure to perform service,
including schedule changes,
substitution of alternate Carrier or aircraft and
rerouting.



3.  The agreed stopping places (which may be altered by Carrier in case of necessity) are those places, except the place of departure and place of destination, set forth on the face hereof or shown in Carrier’s timetables
as scheduled stopping places for the route. Carriage to be performed hereunder
by several successive Carriers is regarded as a single operation.



4.  
For carriage to which the Montreal Convention does not apply,



Carrier’s liability limitation for cargo lost, damaged or delayed shall be 22 SDRs per kilogram
unless a greater
per kilogram monetary
limit is provided in any applicable Convention or in Carrier’s tariffs
or general conditions of
carriage.



5.
/5.1
Except when the Carrier has extended credit to the consignee without the
written consent of the shipper,
the shipper
guarantees payment of all charges for the carriage due in accordance with Carrier’s tariff, conditions of carriage and related regulations, applicable laws (including national laws implementing the Warsaw Convention and the Montreal Convention),



government regulations, orders and requirements.



5.2 When no part of the consignment is delivered, a claim with respect to such
consignment will be considered even though transportation charges

thereon are unpaid.



6.
/6.1 For cargo accepted for carriage, the Warsaw Convention and the Montreal
Convention permit
shipper to increase
the limitation of liability
by
declaring a higher value for carriage and paying a supplemental charge
if required.



6.2 In carriage to which neither the Warsaw Convention
nor
the Montreal

Convention applies Carrier in accordance  with the procedures set forth in its general conditions of carriage and applicable tariffs, permit shipper to increase the limitation of
liability by declaring a
higher value for carriage and paying a supplemental charge
if so required.

1. 
/7.1 In cases of loss of, damage or delay to part of the cargo, the weight to be taken into account in determining Carrier’s limit of liability shall be only the weight
of the package or packages
concerned.



2. Notwithstanding any
other provisions, for “foreign air transportation” as defined by the U.S. Transportation Code:



1.       
in the case of loss of, damage or delay to a shipment, the weight to
be used in determining Carrier’s limit of liability shall be the weight
which is used
to
determine the charge for
carriage
of such shipment;
and



2.       
in the case of loss of, damage or delay to a part of a shipment, the shipment weight in 7.2.1 shall
be prorated to the packages
covered by the same air waybill
whose value is affected
by
the loss, damage or delay. The weight applicable in the case of
loss or damage to one or more articles in a package shall be the weight of the entire package.



2. 
Any
exclusion or limitation of liability applicable to Carrier
shall apply to Carrier’s agents, employees, and representatives and to any person
whose
aircraft or equipment is used
by Carrier
for carriage
and such person’s
agents, employees and representatives.



3.  Carrier undertakes to complete the carriage with reasonable dispatch.
Where permitted by applicable laws, tariffs and government regulations,
Carrier may use alternativecarriers, aircraft or modes of transport without notice but with due regard
to the
interests of the shipper. Carrier
is authorized by the shipper
to select the routing and all intermediate stopping places
that it deems appropriate or to change
or deviate from the routing shown on the face hereof.



4.     Receipt
by the person entitled to delivery of the cargo without complaint shall be prima facie
evidence that the cargo has
been delivered in good condition
and in accordance with the contract of carriage.



1.     
In the case of loss of, damage or delay to cargo a written complaint



must be made to Carrier by the person entitled to delivery. Such
complaint must be made:



1.          
in the case of damage to the cargo, immediately after discovery
of the damage and at the latest within 14 days from the date of receipt of
the cargo;



2.          
in
the case of delay, within
21 days from the date on which
the cargo was placed
at the disposal of the person entitled
to delivery.



3.         
in the case of non-delivery of the cargo, within 120 days from the



date of issue of the air waybill, or if an air waybill has not been issued, within 120 days from the date of receipt of the cargo for transportation by
the Carrier.



2.      
Such complaint may be made to the Carrier whose air waybill was



used, or to the first Carrier or to the last Carrier or to the Carrier, which performed the carriage during which the
loss, damage or delay took place.



3.     
Unless a written complaint is made within the time limits specified



in 10.1 no action may be brought against Carrier.



4.     
Any rights to damages against
Carrier shall be extinguished unless
an action is brought within two years from
the date of arrival at the destination, or
from
the date on which
the aircraft ought to have arrived,
or from the date on which
the carriage stopped.



5.      Shipper
shall comply with all applicable laws and government regulations of any country
to or from which the cargo may be carried, including those relating
to the packing, carriage or
delivery
of the cargo, and shall furnish such information and attach such



documents to the air waybill as may be necessary to comply with such laws and regulations. Carrier
is not liable to shipper
and shipper shall indemnify Carrier
for loss or
expense due to
shipper’s failure to
comply with this provision.



6.    No agent, employee
or representative
of Carrier
has authority to alter,
modify or waive any provisions of this contract.